Jun

13

A Common Sense Approach to Padilla v. Kentucky- Competent Representation in Criminal Cases with Immigration Implications

June 13, 2010 | Leave a Comment

A lawyer advising a non-citizen client in a criminal matter has an added duty: to advise the client of the immigration consequences, if any, of a criminal conviction. Failure to advise that results in a deportable consequence or some other immigration detriment, such as inability to naturalize or exclusion, could be the grounds for a claim of ineffective assistance of counsel under Padilla that could result in the underlying conviction being reopened and vacated.

Jun

13

Arizona Law SB 1070 Exposes a Disturbing Trend

June 13, 2010 | Leave a Comment

Arizona Law SB 1070 uses the logic of “immigration compliance” to needlessly trample on the US Constitution, harms US citizens and the non-immigrants alike and damages genuine law enforcement efforts to curb crime. Severe flaws in the law subject it to strict scrutiny and possible injunction or reversal in the courts.

Jun

13

US Supreme Court issues PADILLA v. KENTUCKY Decision on Immigration Consequences of Criminal Conviction

June 13, 2010 | Leave a Comment

The US Supreme Court issues a landmark decision that could affect the reopening and reduction of criminal sentences if the alien was given poor advice or no advice on the immigration consequences of a criminal conviction. Notable is the concurrence (agreement) by Justices Alito and Roberts.

Jun

26

E-verify has new teeth – Big Brother is Watching!

June 26, 2009 | Leave a Comment

E-verify is a draconian system which has finally revealed its ugly side: employer sanctions and employee arrests

Jul

13

E-verify: A Helpful Big Brother?

July 13, 2008 | Leave a Comment

Review and analysis of E-Verify program and procedures
Copyright Farhad Sethna, 2008
Question: should an employer adopt the E-Verify program?

Answer: Briefly, my answer is “no”. Here is why:
1. The E-Verify program relies on a Social Security Administration database which by the SSA’s own estimate has a 4.1% error rate. Therefore, for every one hundred [...]

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